This is general information to help you ask the right questions, not legal advice. Have a lawyer review any development agreement.
Copyright doesn't move on its own
In the US, the person who writes code generally owns its copyright unless a written agreement says otherwise. Software written by an outside contractor often doesn't fit the legal "work made for hire" categories, so development contracts usually include an explicit assignment of copyright and other IP to the client. The US Copyright Office has background on work made for hire. Look for:
- A clause assigning the custom code, designs and documentation created for your project to your company.
- When assignment happens, for example on final payment, and what you can use before then.
- A promise that the developer will sign any paperwork needed to confirm the assignment later.
Pre-existing code and tools
Most developers reuse their own libraries, templates and tooling across projects. They usually keep ownership of those and grant you a licence to use them in your app. That's normal. Make sure the licence is perpetual, covers modifying the app later, and survives if you change developers.
Open-source components
Almost every app includes open-source packages, each under its own licence. Permissive licences such as MIT and Apache 2.0 are generally straightforward for commercial apps. Copyleft licences such as the GPL can carry obligations that matter for distributed apps. Ask the developer for a list of third-party packages and their licences at handover.
Accounts, keys and access
Owning the code is only part of it. You also need control of everything required to build, sign and publish the app:
| Item | Why it matters | What to ask for |
|---|---|---|
| Source code repository | The code itself, with its history | A repository in your organisation's account, developer added as a collaborator |
| Apple and Google developer accounts | Where the app is published and reviewed | Accounts in your company's name, developer invited with limited roles |
| App signing keys and certificates | Needed to ship updates to the same store listing | Know where keys are stored and who holds them; on Google Play, understand Play App Signing and who controls the upload key |
| Backend and cloud hosting | Servers, databases and storage the app depends on | Hosting billed to and owned by your company |
| Third-party services | Maps, payments, email, push, analytics | Accounts and API keys under your company |
| Design files | Needed for future changes | Editable source files, not just exports |
Handover checklist
- Source code for app and backend, with build instructions someone else could follow.
- List of environments, accounts and credentials, transferred securely, not by plain email.
- Third-party package list with licences.
- Any documentation of APIs, data models and deployment steps.
Ask for the ownership terms with your estimate. A clear answer up front is a good sign.
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